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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)

Citation
315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)
Parent Document
315-321 Eastern Parkway Development Fund Corp. v. Wint-Howell, 9 Misc. 3d 644 (2005)
Jurisdiction
New York (state)
Effective Date
2005-08-15

Other Sections in This Document (34)

Full Text

640 chars
While all the parties and the court concur that the warranty of habitability applies to cooperatives, it is necessary to examine *648the circumstances on a case-by-case basis to determine whether it is an appropriate relief for the conditions in a tenant’s apartment. Moreover, there is a clear distinction between being a rental tenant and a cooperative shareholder who is, in effect, an owner of the building itself. It is well settled that conditions within the cooperative apartment that are not caused as a result of any external factors for which the cooperative can be held accountable are the sole responsibility of the shareholder.